Penal Law 220.77 – operating as a major trafficker (Class A-I felony)

One of the most serious charges in New York state criminal law is Operating as a Major Trafficker, in violation of Penal Law 220.77. That charge makes it a Class A-I felony to traffic in controlled substances worth $75,000.00 or more. This can be accomplished in three different ways:1. act[] as a director of a controlled substance organization during any period of twelve months or less, during which period such controlled substance organization sells one or more controlled substances, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more; or2. As a profiteer, such person knowingly and unlawfully sells, on one or more occasions within six months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more, or3. As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within six months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of seventy-five thousand dollars or more. Operating as a major trafficker is a class A-I felony.

Unlike most of the other charges in Chapter 220 of the Penal Law, this particular charge focuses on the value of the narcotics, rather than the weight or quantity of the narcotics. Of course, the value of a quantity of narcotics can be easily disputed. Interestingly, this charge also aggregates the narcotics trafficking over time, whereas most state-court drug cases involve single transactions. Also, many times, charges are brought without sufficient proof that the accused played a supervising role in an actual organization.

This Class A-I felony drug charge carries serious potential prison sentences, as even someone without a criminal record faces a minimum 15 years in prison, with a maximum of 25 years.

Matthew Galluzzo, an experienced criminal defense attorney and former Manhattan prosecutor, has extensive experience representing individuals accused of large-scale narcotics trafficking offenses in state and federal court. If you or a loved one have been accused of Operating as a Major Trafficker, you should strongly consider contacting him to discuss the case.